Month: July 2021

Who shot down MH 17?

Photo Sri Ramani – A Malaysia Airline Boeing 777-200  Introduction Yesterday reminded me of the 7th Anniversary of the crash of MH 17. It was a poignant moment for all those who have flown the Boeing 777-200 with Malaysia Airlines. The number ‘17’ seems to appear so coincidentally 4 times in the tragic event of …

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Could Covid-19 and the Movement Control Order frustrate a contract?

  Photo by Pixabay Contract frustrated by Music Hall fire This posting is in response to Hafie Esham’s request to discuss the Law of frustration. Briefly, this law was first recognized in England to overcome the harshness of previous decisions.  In Taylor v Caldwell (1863), two parties contracted to rent a music hall for the performance …

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Can a failed contract due to Covid-19 be relieved by the force majeure defense?

Photo by Marc Szeglat An Act of God – A volcano eruption at Mt Sinabung, Sumatra In my recent advocacy training course, we discussed this interesting defense in a breach of contract case. Force majeure is a French word meaning “greater force” or an act of God rendering a contract impossible to complete. As such, a …

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